Introduced Version






HOUSE BILL No. 1510

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-45-4-1.

Synopsis: Breastfeeding in public. Provides that breastfeeding a child is a defense for a woman charged with public indecency.

Effective: July 1, 2003.





Welch, Becker




    January 16, 2003, read first time and referred to Committee on Human Affairs.







Introduced

First Regular Session 113th General Assembly (2003)


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HOUSE BILL No. 1510



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-45-4-1; (03)IN1510.1.1. -->     SECTION 1. IC 35-45-4-1 , AS AMENDED BY P.L.121-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally, in a public place:
        (1) engages in sexual intercourse;
        (2) engages in deviate sexual conduct;
        (3) appears in a state of nudity; or
        (4) fondles the person's genitals or the genitals of another person;
commits public indecency, a Class A misdemeanor.
    (b) It is a defense for a person accused of committing an act under subsection (a)(3) that the accused person was breastfeeding her child in a public place.
     (c) However, the offense under subsection (a) is a Class D felony if the person commits the offense:
        (1) by appearing in the state of nudity with the intent to arouse the sexual desires of the person or another person in or on a public place where a child less than sixteen (16) years of age is present;
        (2) in a public park and has a prior unrelated conviction that was entered after June 30, 2000, for an offense under this section;
        (3) in or on school property and has a prior unrelated conviction that was entered after June 30, 2000, for an offense under this section; or
        (4) in department of natural resources owned or managed property and has a prior unrelated conviction that was entered after June 30, 2000, for an offense under this section.
    (c) (d) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.
    (d) (e) A person who, in a place other than a public place, with the intent to be seen by persons other than invitees and occupants of that place:
        (1) engages in sexual intercourse;
        (2) engages in deviate sexual conduct; or
        (3) fondles the person's genitals or the genitals of another person;
where the person can be seen by persons other than invitees and occupants of that place commits indecent exposure, a Class C misdemeanor.